‘Know Your Rights’: ICE Raids Prompt Warnings From Morristown Officials

MORRISTOWN, NJ — Recent raids from the U.S. Immigration and Customs Enforcement (ICE) in Morristown have prompted officials to remind residents of their rights when confronted by the federal agents.

Regardless of citizenship status, all residents in New Jersey have civil rights that ICE, law enforcement, and other entities are not able to violate. A document shared by the town of Morristown, put together by New Jersey Human Services and the Office of New Americans, highlights these rights.

Haga clic aquí para leer sus derechos frente a ICE en español.

Encountering ICE In A Public Space

ICE is legally allowed to be in any public space, including specific areas in a workplace, an office lobby, a supermarket, a retail store, or a dining area of a restaurant.

All residents, here legally or otherwise, have the right to ask to see an ICE agent’s badge, ask whether they are free to leave, and have the right to remain silent or request an attorney.

Additionally, ICE cannot search any resident, legal citizen or otherwise, without consent, a warrant, or probable cause. If an ICE agent searches you anyway, it is recommended to tell them “I do not consent to this search,” ask for a lawyer, and then remain silent.

Non-U.S. citizens are required to show immigration papers when asked to by an ICE agent in a public space. If one does not have their legal papers, they can remain silent or request an attorney before answering any questions.

NJ Human Services recommends the following to residents:

• Carry valid U.S. government identification with you at all times.
• If you have immigration documentation, carry your valid immigration papers, including your employment authorization card, and copies of your I-94s and Notices to Appear with you at all times.
• Foreign documents should be left at home and secured at all times.
• Do not carry false or fraudulent documents, and never provide false or fraudulent documents to a police officer or immigration agent.

Encountering ICE At Your Home

Similar to conducting searches on one’s person, ICE is not allowed to enter someone’s home, regardless of citizenship, without consent or a warrant from the U.S. District Court. It should be noted that an administrative warrant signed by the Department of Homeland Security does not give ICE agents authority to enter someone’s home.

ICE agents can enter a private premise without consent or a warrant only if there is an immediate emergency, like a threat to public safety, for instance.

NJ Human Resources recommends asking to see a warrant from the U.S. District Court. If one cannot be produced, ICE is generally not permitted to enter your home.

If ICE agents force their way into your home, officials recommend saying, “You are not allowed to enter, I do not consent to a search,” asking for a lawyer, then remaining silent.

Encountering ICE In Your Business

As stated, ICE is allowed to be in certain, publicly accessible areas of a business, like a restaurant’s dining area or an office’s lobby. Their presence in those public areas does not permit them to search people without warrants or consent.

Private areas of a business, which are typically marked by signage, do require a warrant or consent for ICE to enter.

If Detained By ICE

NJ Human Resources recommends the following if you are detained by an ICE agent:

• Do not attempt to resist arrest.
• You have the right to request to speak with an attorney. You can find a pro bono legal service provider online here.
• You do not have to say anything, answer any questions, make any decisions, or sign any documents before speaking with your attorney
• You have the right to request an interpreter
• No one can force you to make a final decision or sign a document if you do not fully understand it.
• If you are unsure whether and where your loved one is detained, you can use the ICE detainee locator here.

Avoid Scams

Some scammers claim to be “immigration consultants,” “notarios” or “attorneys,” in an effort to swindle immigrants seeking counsel out of money.

Official immigration attorneys can be searched for here.